Who holds the title to the property in a lien theory state?

Is North Carolina a title theory state?

Yes, Tennessee is a title theory state. See www.title.grabois.com.

Is North Carolina a lien theory or title theory state?

Title theory, bank will hold the title to property as long as their is a mortgage

Is Michigan a non title holding state and who keeps the title the owner or the lien holder?

Michigan is a title theory state where the property title remains in trust until payment in full occurs for the underlying loan.Michigan is a title theory state where the property title remains in trust until payment in full occurs for the underlying loan.Michigan is a title theory state where the property title remains in trust until payment in full occurs for the underlying loan.Michigan is a title theory state where the property title remains in trust until payment in full occurs for the underlying loan.

Is Nevada a title theory state or a lien theory state?

Nevada is a lien theory state. In "title theory" states, actual "legal title" to the property temporarily passes to a trustee to secure the debt. The borrower (grantor), retains possession rights and "equitable title" and has full use of the property for the mortgage term. When the loan is paid off, legal title is restored without the necessity of a reconveyance. In "lien theory" states, the lender (mortgagee) places a "lien" on the mortgaged real property while the borrower retains both "equitable" and "legal" title.

Is Florida a title theory state or a lien theory state?

Florida is a lien theory state. You are the title holder of any property you purchase and your deed must be recorded in the land records. If you borrow money to purchase the property you must sign a note and mortgage. The lender will record the mortgage and it will become a lien on the property. If you default on the mortgage the lender may foreclose through a court action and have the property sold by the court.

Is Virginia a lien theory state?

Virginia is a title theory state.Virginia is a title theory state.Virginia is a title theory state.Virginia is a title theory state.

Is New York a lien theory state or title theory state?

Illinois is a lien theory state.Illinois is a lien theory state.Illinois is a lien theory state.Illinois is a lien theory state.

Is Mississippi a title theory state?

"There are three theories used to define the respective legal interests of parties to a mortgage or deed of trust. They are denominated as "title," "lien," and "intermediate." Under the "title" theory, the mortgagee or the trustee is considered to hold actual title to the real property until the underlying debt is paid. Under the "lien" theory, the mortgagor or borrower retains title to the property subject to the lien of the mortgage or deed of trust, which must be executed upon or foreclosed after default. The "intermediate" theory is a hybrid of the two. It provides that a lien is created against the real property by the mortgage or deed of trust, and that title to the real property transfers to the mortgagee or trustee upon default. In effect, a state adhering to the "intermediate" theory is a "lien" theory state up until the time of default and is a "title" theory state once default occurs. Miss. Code Ann., Â§89-1-43, is the fundamental authority indicating that Mississippi is an "intermediate" theory state."See link below for further reading.

What does it mean to be a title theory state in Michigan?

In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.In a title theory state when a property owner grants a mortgage they actually convey the title to the lender or a trustee until the mortgage is paid off. The conveyance is conditional: If the mortgage is paid off the lender releases the property; if the mortgagor defaults the lender can take possession of the property by foreclosure and sell it.

Is Maryland a lien theory state or a title theory state?

Lien theory state.

If a rental property in a lien theory state goes to short sale can it affect a primary residence in a title theory state?

If you are doing the short sale and the lender for the rental property is demanding that you pay the difference between the short sale price and the current principal balance (let's say the current loan balance on the rental property is $100,000, but you short sale the property for $80,000), then yes it is possible they may put a lien or get a judgment in the amount of that $20,000 difference which could be applied to your primary residence as a lien or judgment. Here's some more information: When financing is involved in a real estate purchase, it is important to understand if you will be subject to the title or lien theory of mortgages. The way in which a state will interpret how mortgage law is followed will be determined by which type of theory is practiced in your state. Each type of theory has special considerations on who will hold title and how foreclosure proceedings would take place if they were to become necessary. In title theory states, the borrower does not actually keep title to the property during the loan term. The seller gives the buyer/borrower a deed to the property but when the borrower signs the mortgage for the loan the borrower gives the title back to the mortgage holder. The lender then holds title to the property, as security only, until all loan payments have been made. During that time the borrower has the right to possession of the property, and the lender delivers the deed back to the borrower only after the loan obligation has been satisfied. In a lien theory state, the buyer holds the deed to the property during the mortgage term The buyer promises to make all payments to the lender and the mortgage becomes a lien on the property, but title remains with the buyer. The lender's lien is removed once the payment of all loan payments have been completed. Foreclosure proceedings in a lien theory state may be more difficult for the lender than in a title theory state, due to the fact that the buyer is holding title to the land and not the lender. Sources: http://www.escrowhelp.com/articles/20000317.HTML Free homeowner assistance with these types of questions: cmcsoa (Consumer Mortgage Counseling Services) www.cmcsoa.org

Is Oklahoma a lien theory state?

Oklahoma is a title theory state, not a lien theory state.